General terms and conditions
1. Validity
These general terms and conditions (GTC) regulate the contractual relationship between Statastic Solutions FlexCo, FN 457672y, Schmellau 20, Wolfern, Austria (henceforth “FLEXCO”) and the client (“Customer”). FLEXCO provides services exclusively based on these General Terms and Conditions and any special conditions that may exist for the respective service, which in this case are considered part of these General Terms and Conditions. These also apply to all future business relationships, even if no express reference is made to them. Differing or contradictory conditions will only be binding for FLEXCO if FLEXCO has agreed to them in writing in advance. This also applies to the customer's general terms and conditions.
2. Subject of the contract
The subject of the contract is the use FLEXCO’s app, the delivery of data, in particular the delivery of basketball game data.
3. Service provision
FLEXCO will process accepted orders as quickly as possible. However, FLEXCO is only obliged to process from the point at which all required payments have been made and all technical and contractual details have been clarified. The customer is obliged, at his own expense, to provide FLEXCO with all information and content necessary to fulfill the order. He will inform FLEXCO about all processes that are important for the execution of the order, even if these circumstances only become known during the execution of the order. The customer bears the expense resulting from work having to be repeated or modified or delayed by FLEXCO as a result of incorrect, incomplete or subsequently changed information provided by FLEXCO. FLEXCO is entitled, at its own discretion, to carry out services itself or to entrust third parties with the execution on behalf of the customer. Unless otherwise agreed, communication takes place in German. If agreed by FLEXCO, the communication can take place in English.
4. Prices
Unless otherwise stated, FLEXCO prices are net prices exclusive of statutory sales tax and any expenses (travel costs, transport costs, material costs, etc.). Prices are given in Euros. FLEXCO is entitled to demand advance payment.
5. License
All content provided by FLEXCO is protected by copyright. All rights belong to FLEXCO. Any use of information or data requires the prior consent of FLEXCO. By concluding a contract and subject to payment, the customer only receives a simple license for use. All further rights remain with FLEXCO.
6. Withdrawal from the contract
FLEXCO is entitled to withdraw from the concluded contract at any time. This is particularly the case if the customer does not meet his information, cooperation, or payment obligations in full or on time. The same applies if there are reasonable doubts about the customer's solvency or creditworthiness and the customer does not provide an advance account or any other security payment accepted by FLEXCO.
7. Termination / contract duration
The contract is concluded for an indefinite period and can be terminated by both contractual partners with four weeks' notice to the end of the service year.
8. Data origin / liability
8.1. FLEXCO obtains the data it contains from manual user input.
8.2. Errors (individual errors or system failure) cannot be ruled out completely. FLEXCO therefore provides no guarantee for the accuracy of the information provided. In addition, FLEXCO provides no guarantee and is not liable for the correspondence of the data with reality.
8.3. Furthermore, FLEXCO assumes no liability for the content, products or services of the websites connected to hyperlinks. FLEXCO provides information without any guarantee.
8.4. When using the information, the customer must comply with all legal regulations in their current version, in particular the Data Protection Act and the Telecommunications Act, and hold FLEXCO harmless in this regard.
9. Place of performance
The place of performance for the services offered is Wolfern, Austria.
10. Applicable Law and Place of Jurisdiction
The legal relationship between the customer and FLEXCO is exclusively governed by Austrian substantive law, excluding international reference standards and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes that arise directly between the customer and FLEXCO is the court with material jurisdiction for Steyr, Austria.
11. Information about innovations/offers/advertising
The customer agrees that FLEXCO may transfer all disclosed personal data to the customer database and that FLEXCO will inform the customer about innovations and/or other offers. This consent may be revoked at any time.
12. Final provisions
Subsidiary agreements, reservations, changes or additions to these general terms and conditions must be in writing to be valid; This also applies to waiving the written form requirement. Should individual provisions of these General Terms and Conditions be or become invalid or contain a gap, this will not affect the validity of the remaining provisions. The ineffective or incomplete provision must be replaced by an effective one that comes closest to the economic purpose pursued by the parties to the contract.